Institutional Damage

Institutional damage is broadly defined as unintended consequences to an individual resulting from interaction with an institution which has responsibility for his or her care. The individual might be a hospital patient, a child in a school, or a prison inmate. Some forms of institutional damage, such as medical errors and hospital-acquired infection are relatively easily measured; others, such as long-term damage to development and mental health are significantly harder to measure. There is controversy as to whether such damage can be measured and if it actually occurs.

It is not a widely used term, however, but it is a legal concept of considerable importance, because it is extremely common, particularly in countries where human rights of prisoners and other people under institutional care are not respected or guaranteed by law.

Constitutional law, civil law (common law) and criminal law codices have many provisions to protect individuals against injuries caused by institutions to which they are unwillingly committed. The extent and the respect to these laws vary widely among countries and communities. These controversies relate to the old government versus individual debate which has permeated philosophy and political science since Ancient Greece.